Hampton Virginia Personal Injury Attorney

Understanding Personal Injury Lawsuits in Hampton, VA

A personal injury case is a legal dispute that occurs when an individual suffers injury due to the negligence, recklessness, or carelessness of another party. In Virginia, there are three grounds on which you can bring about a personal injury claim: negligence, strict liability, and intentional wrongs.

A behavior or action by a party resulting in harm to the victim can leave the injured party with high medical expenses, lost wages, pain and suffering, and numerous other losses.

Common Types of Personal Injury Lawsuits in Hampton Virginia

• Auto accidents
• Truck accidents
• Motorcycle accidents
• Workplace accidents
• Slip-and-fall accidents/premises liability
• Medical malpractice
• Product defect accidents
• Product liability
• Toxic torts
• Nursing home abuse
• Dog bite/animal attacks
• Boating accidents
• Wrongful death

This is by no means an exhaustive list. There are numerous ways people are hurt every day due to the negligence of another person. If you or a loved one suffered injury due to the fault of someone else, you deserve compensation and justice. It is a good idea to speak to a Hampton attorney as soon as possible to receive a free case evaluation.

The Four Elements of a Personal Injury Lawsuit

To prove a personal injury lawsuit, your case must meet four elements: duty, breach, causation, and damages.

What is Duty?

This legal concept requires the defendant owed a legal duty to the plaintiff. In other words, in our society, it is expected people act with a level of reasonable care to avoid causing harm to others. This could mean not drinking before getting behind the wheel and causing a car accident, warning guests of hazards on their property, so they do not slip, or a doctor using sound judgment and applying the expected standard of care when treating a patient.

What is a Breach?

As a victim, you must demonstrate the defendant breached their duty and led to your injury. In other words, you must prove the at-fault party did something to cause you harm, and you must link this breach of duty to the damages you suffered by establishing cause.

How Does Causation Work?

Causation is the connection between the at-fault party’s breach of duty and the injuries suffered by the victim. The victim must demonstrate the defendant’s actions were the direct cause of injury.

What Are Damages?

Damages are the actual harm a victim suffers due to the defendant’s breach of duty. In Virginia, this can include both economic and non-economic damages. The damages will have a direct connection to how much compensation you can collect.

Virginia’s Contributory Negligence Policy Affects Hampton Accidents

Virginia’s law is harsher than other states when it comes to negligence. The Commonwealth is one of just a handful of states that has what is referred to as “contributory negligence.” This rule means the victim could theoretically be blamed for their injuries if they are found even 1% responsible. If any percentage of blame is assigned for an accident to the plaintiff, even though they are a victim, they cannot collect compensation.

Working with a knowledgeable and experienced Hampton personal injury attorney is ideal. When you choose to work with Montagna Law, your Hampton accident lawyer will help defend you against accusations of negligence that could negatively impact your chance of getting any compensation.

How Do You Prove Negligence in a Hampton Personal Injury Case?

One of the largest hurdles Hampton personal injury victims face is proving negligence. Working with an attorney who is well-versed in Virginia law and has personal injury experience is one of the best steps a victim can take. To prove negligence, four components need to be addressed:

• Did the defendant have responsibility for your safety that a reasonable person would have done?
• Did the defendant not act under the premise of duty of care, putting others at risk?
• Was the accident due to a breach of duty of care?
• Were the victim’s injuries extensive enough to justify compensation to cover damages caused by the breach of duty?

Due to Virginia’s harsh contributory negligence rules, proving the at-fault party is 100% to blame can be very difficult, especially in complex accidents. One of the primary reasons for this is the defense attorney is going to try hard to prove that you, even if in some small way, contributed to your injury. The extent they will go includes examining if you had pre-existing injuries or combing through your social media posts to try to “catch” you in a lie (e.g., misrepresenting how seriously your injuries affect your life).

How Long After an Accident Can You Sue for Personal Injury in Hampton?

The Commonwealth of Virginia has a two-year statute of limitations from the date of the accident to file a personal injury claim. It is important to consult with a personal injury lawyer to determine if there may be any exceptions to this rule that apply to your case.

When to Contact a Hampton Personal Injury Lawyer

If you or a loved one suffered an injury, the time to contact a Hampton personal injury lawyer is right now. It takes time to gather evidence and build a strong claim. Your attorney can help early on to get your case going and assist throughout the process.

Personal injury cases are paid on contingency. This means your attorney collects their fee when you receive compensation. Starting early will not cost you any additional fees, but it will benefit you because an early initiation of your claim allows your attorney more time to build a stronger case against the defendant.

What Are the Steps in a Personal Injury Lawsuit in Hampton, Virginia?

A personal injury lawsuit in Virginia involves a number of steps. The steps in your case may vary depending upon its specifics, but generally, you can expect the following to occur.

• Initial consultation. Your attorney will sit down and provide a free consultation, discuss the specifics associated with your claim, and provide sound legal advice.
• Investigation. Your attorney will begin to assemble your case by visiting the accident scene, taking photos, obtaining accident reports, identifying at-fault parties, setting up insurance claims, and collecting medical bills and other records associated with your treatment and losses.
• Treatment. While your attorney works your case, you focus on your health and recovery.
• Demand letter/demand package. Your attorney will send a letter or package that includes your claim details, theory of liability, and demand for settlement. It usually includes evidence of accident and injury, medical bills and records, receipts, and documentation for lost wages.
• Discovery. After a claim has been filed, each party in the lawsuit will seek information from the other about all elements of the case they have collected.
• Negotiations. Once the demand letter/demand package is received, the defendant will often offer a settlement. You can discuss with your attorney the fairness of this offer and make a counteroffer if warranted (often the case since insurance companies are notorious for lowball offers).
• Settlement. If an agreement can be made, the two parties will settle upon the agreed amount of compensation.
• Litigation. If an agreement cannot be made, the personal injury claim will move to court to decide the case.

How Long Does a Personal Injury Lawsuit Take in Hampton, Virginia?

Unfortunately, it is difficult to ascertain how long a Hampton personal injury case will take. Some cases will take months to a year, but heavily disputed cases may take longer. Many cases settle quickly since most personal injury cases in Hampton are settled outside of court.

What is My Hampton Personal Injury Case Worth?

Unfortunately, it is initially hard to say because there is no one set applicable amount for every Hampton personal injury case. Our attorneys will look at all of your injuries and other damages linked to the accident and will then use specific components to establish the value of your case. A typical case would factor in the following:

• Medical expenses
• Lost wages
• Loss of future wages
• Household assistance
• Emotional distress
• Mental anguish
• Pain and suffering
• Travel expenses relating to medical care
• Estimated future medical care

This is not a full list but a general one to illustrate the types of factors that go into calculating the value of your claim. Generally speaking, the more serious your injury, such as a traumatic brain injury or spinal cord injury, the more your claim may be worth since these injuries often cause permanent disability.

How to Select a Hampton Personal Injury Lawyer

As an accident victim, you want to find the best representation to help you with your personal injury case. When you search for law firms in Hampton, you will find many options. Traits to seek in an attorney should include the following:

• Attentiveness and responsiveness of your attorney. You want a lawyer who treats your case as a priority, replying to you when you reach out, and never leaving you hanging.
• Transparency. Your attorney should exhibit a willingness to explain the process and keep you in the loop throughout your case.
• Reputation. You want a lawyer who possesses a positive reputation with both clients and fellow lawyers.

A good law firm has extensive experience with personal injury cases and a history of successful settlements. While there is no guarantee you will win your case, looking at an attorney’s history of success is a good metric to consider because it illustrates their willingness and ability to fight hard to win your case.

When you work with Montagna Law, you can expect to find all of these qualities in your legal representation. One of the biggest differences between our firm and our competitors is our quality customer service. We place high value on the attorney-client relationship and make it a priority to give clients direct access to their attorneys. Our response time to client calls is much faster than average, and unlike some other firms, we do not limit how often you can call about your case.

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“Outstanding result, beyond my expectation. Highly recommend. Communication throughout the process was very good.” -Mike S.

Injured? Let Us Handle It.

The aftermath of an accident is often full of fear and uncertainty. The caring attorneys at Montagna Law have many years of experience in personal injury matters. Your Hampton lawyer will work closely with you on your claim from beginning to end. We’ll work hard to help you get the compensation you deserve, whether you settle outside of court or need a trial lawyer to pursue a lawsuit.

To learn more about how our personal injury law firm can serve you in personal injury or other legal practice areas, please contact us at 877-622-8100 or, if you prefer, fill out our online contact form, and a member of our legal team will get right back to you.

Our law firm proudly provides legal services to the entire Hampton Roads area, including Hampton, Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, and Suffolk.